Blueprint for a New Egypt

By Amr Moussa

Jan. 8, 2014

CAIRO — Since the revolution of 2011, Egyptians have engaged in almost continuous debate over a critical question: “What sort of country do we want?”

This past December, I delivered an answer, on behalf of the Committee of 50 entrusted with amending Egypt’s Constitution, to Egypt’s acting president, Adly Mansour. Mr. Mansour recently confirmed that a two-day referendum on this draft will take place next Tuesday and Wednesday. We believe that this new charter, shaped over months of discussion and many drafts, reflects the needs and aspirations of all Egyptians, regardless of religious affiliation, gender, race, political views or economic status.

Contrary to what critics say, this document turns the page decisively on both the 2012 and 1971 Constitutions, and thus marks a historic step on our path to a government that is of, by and for the Egyptian people. The 2012 Constitution was rushed through by a single dominating political faction and answered only to its priorities. The 1971 Constitution failed to guarantee vital liberties. In short, both previous Constitutions failed because they denied Egyptians the dignity and freedom they deserve and demand; both those Constitutions have been popularly disavowed.

The revision process began in July, when our acting president named a committee of 10 judges, law professors and legal scholars to make amendments. Their recommendations were then transferred to the Committee of 50 to finish that job and produce a foundation for a democratic government.

The Committee of 50 gave everyone a seat at the table, including Egyptian feminists and young people. Talk that the process left out critical religious voices is inaccurate: An invitation was extended to all Islamic groups, including the Muslim Brotherhood. Of the parties of political Islam, only the Salafist Al Nour responded (the Muslim Brotherhood did not). All three denominations of our Christian community participated, as did representatives from the underdeveloped provinces of Nubia and Sinai.

This representation from across Egyptian society became all the more evident as the committee voted in view of television cameras: Each of the charter’s more than 200 articles and provisions was approved with more than the required three-quarters majority, and the document was adopted unanimously. This year, a popularly elected civilian government will have the opportunity to write laws that improve on this foundation.

What I observed firsthand was a rare spirit of solidarity that created a draft constitution to transcend Egypt’s current predicament. Chief among our concerns was to create an accountable system of governance, including, notably, for Egypt’s military. Among other measures, this draft charter gives Parliament — for the first time in Egypt’s history — the power to impeach the president, not just for criminal acts but also for violations of the Constitution. Unlike the 1971 charter, it also ensures a separation of powers and limits the elected president to two four-year terms.

New oversight will be brought to bear on the military through a National Defense Council that must include civilian and legislative officials alongside officers. The Constitution details those specific crimes committed by civilians that mandate trial in military courts, shielding civilians from the abusive interpretations of previous Constitutions. And for the first time, political parties can be dissolved only by a court ruling of the independent judiciary.

Unlike the 2012 Constitution, this draft version criminalizes torture and human trafficking, protects women from violence and commits the state to achieving equality between men and women. It provides greater protection for freedom of expression, press freedom, the pursuit of scientific knowledge and religious liberty, and provides equal protection under the law. Significantly, it places all international human rights treaties to which Egypt is a signatory above even national laws.

Constructing democratic institutions and political infrastructure cannot be done overnight. Many countries over several centuries have embarked on similar journeys, and there are few examples of such momentous change occurring with rapidity and ease. Some of the world’s oldest democracies struggle even now to run effective, pragmatic governments and respond to the will of diverse populations.

Egypt is still near the beginning of a crucial period in our storied history. And yet I am confident that we will emerge from this tumultuous transition stronger than before because we are willing to unite to create the political structures necessary for stability, prosperity and democracy to endure for generations.

Next week, Egyptians will have the opportunity to vote on the constitution in the referendum. I know the people of Egypt will embrace this moment and I hope the world will as well. For a nation so infused with its past, Egypt is ready to move forward.

Amr Moussa,a former minister of foreign affairs for Egypt and secretary general of the Arab League, is the president of the Committee of 50.